한국 및 일본의 수도권 공항의 현황과 협력

김두환,Kim, Doo-Hwan Korea Society of Air Space Law and Policy 2007 한국항공우주정책·법학회지 Vol.2007 No.special

본 논문은 한국의 수도권공항인 김포국제공항, 인천국제공항과 청주국제공항(2012년부터 2014년가지 국무조정실, 재경조정실, 재정경제부, 건설교통부 등 관리 경제부처를 필두로 12부4처2청 등 49개의 중앙행정기관이 2014년까지 순차적으로 이전하게 되는 행정중심복합도시인 세종시의 관문 역할을 하게 됨)과 일본의 수도권공항인 나리다국제공하, 하네다(동경)국제공항의 현황과 문제점, 한 일간 수도권공항간의 협력내용과 상호관계, 본 연구과제에 대한 다각적인 면에서 검토한 개선안 등을 순서대로 제시하였다. 특히 본 연구과제에 대한 개선 방안으로는 (1)한 일간 항공자유화협정의 조속체결, (2) 새로운 항로개설과 저 운임항공회사(LCC)의 운항과 대책, (3) 양국 수도권공항들의 효율적인 이용계획, (4) 동북아시아의 항공시장에 있어 상호협력관계도 설명하였다. 1990년대부터 한 일 수도권공항간의 항공여객과 화물의 수송량은 극적으로 증가하고 있으며 이와 같은 추세는 양국의 경제성장을 촉진시키고 있다. 그러나 항공수송에 있어 양국의 수도권공항이 요구하고 있는 항공수요에 부응하기 위한 항공기의 좌석과 공항의 주기장은 아직도 충분히 확보되지 못하고 있다. 또한 수도권공항의 능력, 안정성확보 및 환경문제도 제기되고있다. 특히 각 나라의 수도권공항은 그 나라 국력의 상징이며 출입국을 하게 되는 관문이기 때문에 여객의 편의성과 신속성을 최대한으로 확보되어야만 한다. 아시아의 항공수송시장은 무제한경쟁시대에 접어들고 있어 아시아각국 들은 계속 허브공항의 확장개발계획에 노력을 집중하고 있으며 이와 같이 계속되고 있는 공항확장 개발계획의 경쟁을 극복하고 성공적으로 수행하기 위하여서는 한국과 일본간에 보다 긴밀한 협력시스템의 구축이 필요하다고 본다. 동북아시아의 항공시장에 있어 여객들의 편의와 빠른 여행을 지원하기 위해 김포공항과 하네다공항간의 정기 셔틀항공편의 증편과 청주국제공항과 하네다공항간의 정기 셔틀항공편의 개설을 위하여 한 일간에 새로운 "오픈 스카이협정" 의 체결이 바람직하다고 본다. 한걸음 더 나가 김포공항과 상해의 홍챠오공항 간에 정기 셔틀항공편의 연내 취항 및 내년 북경 올림픽을 대비하기 위하여 김포공항과 북경공항간의 정기 셔틀항공편의 개설과 일본도 금년 10월8일부터 하내다공항과 상해의 홍챠오공항 간에 정기 셔틀항공편의 의 취향과 하내다공항과 북경공항간의 정기 셔틀항공편의 개설을 추진하기 위하여 한 일 중 3국간에 상호 협력하여 새로운 "오픈 스카이협정" 의 체결을 종합적으로 검토되어야만 할 시기가 왔다고 본다. The air market in Asia has already entered upon the age of limitless competition. It means a very important moment in Asia air market. Each Asian country thus has put a lot of effort into a development plan and support to their hub airport. In order to achieve such a plan, first of all we should build closer cooperation system between the two countries Japan and Korea. The Korea and Japan are very fast growing in the northeast countries within the global air transport market. Air passenger and cargo traffic volumes between Korea and Japan have increased dramatically, since the 1990s. In response to such a trend, both countries have opened new airports and expanded existing facilities in the hopes of laying claims to the main international hub airport in Asia. Apart from the trend, air transportation between Korea and Japan's metropolitan areas is the only transportation in substance, even if they are located very closely in geographical position. The air transportation between the two countries shows that it is necessary to get fast and more convenient because of the economic and cultural interchange and exchange concentrated on the metropolitan areas, and that will promote the economic growth of Korea and Japan. However, within the air transportation industry field, there have no sufficient seats/slots to supply the air demand from the capital cities of each country, as well as no counterplan for some problems regarding capacityand sustain ability of metropolitan airports. Thus, it is necessary for us to consider in all aspects and solve them to improve air transportation between Korea and Japan. This paper is to try to demonstrate this matter and from all angles, that is, in legal and political aspects, facilities and given environmental conditions and cooperation between Korea and Japan. I think that it is indeed a great necessary and convenient for many Korean and Japanese tourists to conclude a new 'Open Sky Agreement' between Japan and Korea in order to the prepare the increase of the shuttle flight between Haneda-Gimpo and opening of air route newly for shuttle flight between Haneda and Cheongju as well as opening of air route for shuttle flight between Haneda-Shanghai Hongqiao International Airport and Beijing International Airport for the 2008 Beijing Olympic Games. Furthermore it is a great desirable thing for us to conclude a new 'Open Sky Agreement' in cooperation reciprocally among the Japan, China and Korea for opening the new air route by the shuttle flight.

The possibility of South Korea to become a member state of APSCO: an analysis from Legal and political perspectives

섭명암,Nie, Mingyan Korea Society of Air Space Law and Policy 2016 한국항공우주정책·법학회지 Vol.31 No.2

Asia-Pacific Space Cooperation Organization (APSCO) is the only intergovernmental space cooperation organization in Asia. Since its establishment to date, eight countries have signed the convention and become member states. South Korea participated actively in the preparatory phase of creating the organization, and one conference organized by AP-MCSTA which is the predecessor of APSCO was held in South Korea. However, after the APSCO Convention was opened for signature in 2005 to date, South Korea does not ratify the Convention and become a member. The rapid development of space commercialization and privatization, as well as the fastest growing commercial space market in Asia, provides opportunities for Asian countries to cooperate with each other in relevant space fields. And to participate in the existing cooperation framework (e.g., the APSCO) by the Asian space countries (e.g., South Korea) could be a proper choice. Even if the essential cooperation in particular space fields is challenging, joint space programs among different Asian countries for dealing with the common events can be initiated at the first steps. Since APSCO has learned the successful legal arrangements from ESA, the legal measures established by its Convention are believed to be qualified to ensure the achievement of benefits of different member states. For example, the regulation of the "fair return" principle confirms that the return of interests from the relevant programs is in proportion to the member's investment in the programs. Moreover, the distinguish of basic and optional activities intends to authorize the freedom of the members to choose programs to participate. And for the voting procedure, the acceptance of the "consensus" by the Council is in favor of protecting the member's interest when making decisions. However, political factors that are potential to block the participation of South Korea in APSCO are difficult to be ignored. A recent event is an announcement of deploying THAAD by South Korea, which causes tension between South Korea and China. The cooperation between these two states in space activities will be influenced. A long-standing barrier is that China acts as a non-member of the main international export control mechanism, i.e., the MTCR. The U.S takes this fact as the main reason to prevent South Korea to cooperate with China in developing space programs. Although the political factors that will block the participation of South Korea in APSCO are not easy to removed shortly, legal measures can be taken to reduce the political influence. More specifically, APSCO is recommended to ensure the achievement of commercial interests of different cooperation programs by regulating precisely the implementation of the "fair return" principle. Furthermore, APSCO is also suggested to contribute to managing the common regional events by sharing satellite data. And it is anticipated that these measures can effectively response the requirements of the rapid development of space commercialization and the increasing common needs of Asia, thereby to provide a platform for the further cooperation. In addition, in order to directly reduce the political influence, two legal measures are necessary to be taken: Firstly, to clarify the rights and responsibilities of the host state (i.e., China) as providing assistance, coordination and services to the management of the Organization to release the worries of the other member states that the host state will control the Organization's activities. And secondly, to illustrate that the cooperation in APSCO is for the non-military purpose (a narrow sense of "peaceful purpose") to reduce the political concerns. Regional cooperation in Asia regarding space affairs is considered to be a general trend in the future, so if the participation of South Korea in APSCO can be finally proved to be feasible, there will be an opportunity to discuss the creation of a comprehensive institutionalized framework for space

Japanese Space Policy - Where is she going?

Hashimoto, Yasuaki Korea Society of Air Space Law and Policy 1997 한국항공우주정책·법학회지 Vol.9 No.-

Passing 26 years from 1970 when the first satellite was launched into the orbit, Japan developed and successfully launched H-II from Tanegashima Space Center in 1994. During those period, Japanese space policy has experienced a big shake from independent development to technology import from the US, and back again to independent development. In general, the H-II rocket which was manufactured by 100% domestic technology, brings Japan from the old era (experimental stage) to the new era (practical use stage). Fundamental Policy of Japan's Space Activities, which decides such policy as mentioned, was revised in January, 1996 this year after an interval of 7 years. This revised outline confirms the result of Japanese space technology until present and identifies the future direction and framework of her space activities for a period of coming ten years on the basis of a ong-term perspective towards the 21st century. However, when comparing with the last Fundamental Policy in 1989, there seems no big change in it, and a long-term perspective is also not seen there. The description varies on some important points in international space law, like international cooperation, protection of environment, commercial use, etc. In addition, the immaturity as well as the necessity of broader discussion are felt because neither this Fundamental Policy nor The National Defense Program Outline treated any national and international security matters concerning outer space. Considering the present time when Japan enters into the practical use of outer space, such as application, commercial use and launching service, etc, it is doubtful whether new Fundamental Policy was properly planned or not. It seems necessary to use several measures by which the public opinion, opinions from industry and debate on the security are reflected in the policy making.

"Peaceful Uses" of Outer Space and Japan' s Space Policy

Takai, Susumu Korea Society of Air Space Law and Policy 2007 한국항공우주정책·법학회지 Vol.2007 No.special

Space development and utilization must be conducted within a framework of "peaceful uses" principle under Space Treaty. Japan ratified the treaty in 1967, and interpreted "peaceful uses" as "non-military uses" then. A ghost of "peaceful uses" principle has been hung over Japan up to the moment. Japan's space development and utilization has been conducted with genuine academic interest, and therefore Japan did not introduce space infrastructures to national security policy and did not facilitate growth of space industry. When the Cold War ended, Northeast Asian security environment makes Japan difficult to maintain an interpretation as "non-military uses". Besides the change of external security environment, the domestic industry situation and a series of rocket launching failure needed reexamination of Japan's space policy. Japan is gradually changing its space policy, and introducing space infrastructure in a national security policy under a "generalization" theory that gave a broad interpretation of "peaceful uses" principle. Council for Science and Technology Policy (CSTP) adopted a basic strategy of Japan's space policy in 2004. Since then, a long-term report of Japan Aerospace Exploration Agency (JAXA), an investigation report of Society of Japanese Aerospace Companies (SJAC) and a proposal of Japan Business Federation (JSF) were followed. Japan will promote space development and utilization in national security policy with a "strictly defensive defense" strategy and "non-aggressive uses"principle for protection of life and property of Japanese people and stabilization of East Asian countries.

Political - Legal Reflections on the Two Epochal "Antique" Documents on "Peaceful Use" in the History of Japanese Space Policy

Tomitaro, Yoneda Korea Society of Air Space Law and Policy 2008 한국항공우주정책·법학회지 Vol.23 No.1

Analyzing on an object in the sphere of domestic law with the method of international law has been already on the horizon in international law. For the lawyers of international law and space law, it is quite natural that they utilize the method of international law, whatever objects they may choice. The reason is that the characteristic of international law do not depend upon object in itself, but depend upon method in itself. The object of this paper is the idea of Peaceful Use(IPU or PU) in Japanese Space Policy. The method to be applied to this analysis is the international law's interpretation theory on legal principles, i.e., the method of international law. One of the aims of this paper is to explain critically the need of review on IPU in Japanese Space Policy; in particular with respect to the positive reconstruction of IPU through historical analyzing on the transfiguration and the mere shell of the Post-War Japanese Pacifism(PJP) as the starting point of IPU. The historical process of the transfiguration and the mere shell is as followed, i.e., "from the ultra-nationalism in the pre-war Japan to PJP in the post-war Japan, from PJP to IPU, and from IPU to IPU's regression. In particular with respect to the interpretation theory, the meaning of the teleological, aims and objects school's approach on the interpretation of legal principles(P) has been emphasized. The reason is that the promising development of IPU will be realized by cooperating with the interpretation theory on P in international law. At the end of the beginning, I'd like to quote K. Marx's thesis in order to make the positions and missions the lawyers of international law and space clear. It is as follows, i.e., "THE PHILOSOPHERS HAVE ONLY INTERPRETED THE WORLD IN VARIOUS WAYS - THE POINT, HOWEVER IS TO CHANGE IT.

Current Issues & Prospects of International Space Law

Zwaan, Tanja Masson Korea Society of Air Space Law and Policy 2010 한국항공우주정책·법학회지 Vol.25 No.1

This paper first gives a brief overview of the history of space law making in the international geopolitical context and recalls some of the main principles as elaborated in the framework of the United Nations. Next, several topics are discussed that will require the attention of space lawyers in the near future. They are the International Space Station, space debris, exploitation of space resources, space tourism, private property rights in space, and militarization and weaponization of space. The paper raises some questions in each of these areas that need to be addressed and concludes that the general legal framework for space activities under public international law as contained in the UN treaties is in place, and is sufficiently general and flexible to enable and encourage states to carry out space activities in an orderly manner. However, as demonstrated by the examples discussed in the paper, the time has come for the international community to agree on the further development of these general principles, starting perhaps with space debris, imminent 'new' uses of space such as space tourism, or some of the 'age old' issues such as the weaponisation of outer space that will continue to require our attention and vigilance. Whether such rules can be in the form of non binding guidelines, codes of conduct and the like, or should be embodied in solid legal instruments creating rights and obligations remains to be seen.

Introducing a New Term to Space Law: "OUTER VOID SPACE"

Cheng, Bin Korea Society of Air Space Law and Policy 1999 한국항공우주정책·법학회지 Vol.11 No.-

The legal regime of air charter in china

Cheng, Chia-jui Korea Society of Air Space Law and Policy 2007 한국항공우주정책·법학회지 Vol.22 No.1

Charter flight in international air law has, from very beginning, not precisely defined by the International Civil Aviation Organization (lCAO) since 1947 when it came into being. By practice, the operation of charter traffic is, in its very beginning, the subject to the regulations of national rules and bilateral charter agreements (charter annex clause) within the framework of normal bilateral agreement of international air services. Taiwan had signed a series of bilateral air service agreement under the name of the Government of the Republic of China when Taiwan was recognized by the United Nations and major members of international community as the sole legal government representing China before 1971, but that situation was changed since then. Taiwan has only maintained diplomatic relations with 25 States, but maintained semi-official relations with major powers of the world. The former agreements were signed within the framework of the Vienna Convention on the Law of Treaties of 1969 while the latter agreements were signed within the framework of administrative and civil law of two countries which were not in the form of bilateral treaty signed by two sovereign States in its proper sense of international law. The legal regime of charter flights between Taiwan and Mainland China is regulated by special arrangements negotiated by delegated airlines and airlines association or private law institutions.

The Law and Policy of Space Communication in the International Ubiquitous Society......Bridging Digital Divide in the Asia-Pacific

Kosuge, Toshio Korea Society of Air Space Law and Policy 2005 한국항공우주정책·법학회지 Vol.20 No.2

아시아 태평양 지역에서의 디지털 격차를 극복하기 위해서, 일본은 아시아 광대역계획을 주도하고 있으며, 이는 E-Japan과 U-Japan 계획과 연계되어 아시아 국가들과의 협력하에 추진되고 있다. 본 논문은 일본, 싱가폴 및 중국과 공동으로 추진되고 있는 실험에 대해서 다루고 있다. 아울러 디지털 격차를 극복하기 위해서 아시아 태평양 지역에서 구축되고 있는 위성 인프라에 대해서도 다루고 있다. 1967년 우주조약 제1조는 우주활동이 전 국가의 편익과 이익을 위해서 수행될 것을 규정하고 있으며, 이러한 국제적 공동 노력은 분명히 디지털 격차를 극복하면서 우주조약 제l조를 이행하는 중요한 역할을 수행하고 있다고 본다. 위성 통신인프라는 그러한 차원에서 국가간 협력과 노력하에 공동의 이익을 도모하는 디딤돌 역할을 할 것이다. In order to bridge the digital divide issues in the Asia Pacific region, Japan initiated the Asia Broadband Program, during implementing E-Japan and U-Japan Plans with collaboration among Asia Pacific Counties. This paper describes first joint experiments that were undertaken in Japan, Singapore and China. Then this paper also describes Japanese efforts to build space infrastructure for development of ICT Society in the Asia Pacific region for further international cooperation to bridge the digital divide Article 1, para. 1, of the Outer Space Treaty of 1967, calls for exploration and use of outer space to be carried out for the benefit and in the interests of all countries irrespective of their degree of economic or scientific development. The augmentation of common benefit from space communication could contribute to bridge the digital divide issues in developing countries in Asia Pacific region. Accordingly, space- infrastructure building would be very important to implement common benefit among countries concerned through international cooperation and collaboration

Some Considerations for the Modernization of the Rome Convention, in case of Unlawful Interference

Fujita, Katsutoshi Korea Society of Air Space Law and Policy 2008 한국항공우주정책·법학회지 Vol.23 No.1

Most compensation issues are regulated under domestic law where third parties are suffered damage from crushes of aircrafts or their falling objects. This issue was internationally recognized. A Convention to unify the rules of the law concerning damage caused by aircraft to the third parties on the surface was signed in May, 1933( the 1933 Rome Convention) and it became effective in 1942. Later, modernization was carried out through the 1952 Rome Convention and the 1978 Montreal Protocol amending the 1933 Rome Convention. Ratifying States either to the Convention or to the Protocol is not as many as those States to the Warsaw Convention concerning air-transport. In 1999, which was a turning point of changes of centuries from the twentieth century to the twenty first century, the Montreal Convention was passed to modernize the Warsaw Convention, and was quickly widespread. On September 11 2001, the coordinated simultaneous terror attacks occurred. In the circumstances, the issue modernizing the Rome Convention came up. Thus, workout under the initiatives of the Legal Committee of the ICAO is under operation to adopt new Rome Convention. In Japan, a study on the ICAO Draft Convention was operated by which a working study group composed of experts from academy, industry and government was set up. This article, being based on that study, clarifies issues and gives future perspectives. This article presents author's individual views.